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  #1 (permalink)  
Old 05-05-2008, 10:18 PM
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Default Are you being discriminated in your university?

This may be affecting a lot of IV members so I thought I bring it up and share the pain with everyone. Some universities in US, like Arizona State University, consider the folks on H1-B or L-1 or EAD non-resident for tuition purposes and charge much higher tuition fee despite the fact that you pay all your taxes, have permanent home in the state, and have been living in the state for years. As far the State is considered, you are a resident but the university chooses not to accept that definition and purposely define you non-resident so that you could be charged much higher tuition fee.

If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.

Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?

Any suggestion and discussion would be very much appreciated.
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  #2 (permalink)  
Old 05-05-2008, 10:37 PM
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Default tax time!

I would consult an attorney to understand your residency status..
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
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  #3 (permalink)  
Old 05-05-2008, 10:51 PM
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Well that's where the problem lies. State of Arizona considers me a resident based on:

1. I have lived here for past 12 consacutive month.
2. Pay state taxes.

Yet the university refuses to accept that and still consideres me non-resident just to charge a higher fee. This is so strange.

Quote:
Originally Posted by pointlesswait View Post
I would consult an attorney to understand your residency status..
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
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  #4 (permalink)  
Old 05-05-2008, 11:15 PM
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Its not a legal loophole. Some states just do it that way. Their under pinning argument is that you are on a temporary visa and does not have permanent residency. Also, its not the University that makes up the rules. There is some thing called domicile office in most schools and they determine residency for in state/out of state purposes. The domicile office has specific set of instructions on how they should determine eligibility requirements for in state. For example common wealth of VA has state council for higher education that provides these guidelines. Check out what AZ has to say and if they say only permanent residency is a requirement to be eligible for in state, there is nothing much you can do.

Also, its not a federal violation as states decide what they want to do with their university systems. If you want you can write to your state senators and assembly man and see what they have to say. Its very difficult to explain them these nuances when there are a bunch of people crying out loud that many illegals are getting in state rates.
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  #5 (permalink)  
Old 05-06-2008, 10:58 AM
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Long time ago when I inquired at the University of Houston, they said that any person who has lived in Texas for more than a year will be considered as an in-state student. Bear in mind that this was some time in 2001-2002.
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  #6 (permalink)  
Old 05-06-2008, 11:01 AM
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When my wife registered to the University here in New Hampshire they did not ask her for status.... and she did not bother to ask. She showed driver license and proof that she had been living in the state for more than one year. University registered her as a resident.
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  #7 (permalink)  
Old 05-06-2008, 11:23 AM
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Yep, few states consider long time residents as out-of-state /international students if they are in any other status than that of GC/Citizen. I live in MN and Univ. of Minnesota considers me as international student though I have lived in this state for more than 2 years and have been in this country for 10 years.
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  #8 (permalink)  
Old 05-06-2008, 11:46 AM
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Default You get In state in Virginia

I showed my IT returns for past 3 years along with lease agreement and Drivers License and was approved for instate tuition. In case any one wants to do the same PM me with questions
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  #9 (permalink)  
Old 05-06-2008, 02:31 PM
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In Kansas there is a strangely different rule. They give in-state but show the balance amount between in-state and out of state as scholarship given to the individual in a separate 1098 T tax form. This increases your taxes slightly and the individual cannot claim education credits in the tax return.
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  #10 (permalink)  
Old 05-06-2008, 03:02 PM
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Default every state defines residency differently

Some states have the provision that instate tuition rates will only apply to permanent residents while others allow H1-B's to avail of instate tuition. I know for sure that Pennsylvania is in the permanent resident camp while Colorado allows instate to H1-B's. As mentioned previously it is the state legislature along with the commision on higher education which create the rules.

It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
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  #11 (permalink)  
Old 05-06-2008, 03:23 PM
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Default

I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
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  #12 (permalink)  
Old 05-06-2008, 03:49 PM
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Default Arizona residency detemined by board of regents and community colleges separately

It is true that the community colleges(A) and Arizona board of regents(B) set the guidelines but they have to follow Arizona Statutes which state that people with lawful immigration status are entitled to instate tuition. Therefore if (A) and (B) are not on the same page one could raise questions.

I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.

In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.

--------------------------------------------------------------

Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/Arizona...s.asp?Title=15

Go to chapter 14 to see statutes for education -

The applicable statutes are -

15-1803. Alien in-state student status

.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.

........................

15-1805. Student status guidelines

A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.

B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.

---------------------------

Now here is the link to the Arizona Board of Regents

http://www.abor.asu.edu/1_the_regent...residency.html

What is the resident status of immigrants, refugees and international students?

A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.


---The above should be read with the definition of domicile in the statutes

15-1801. Definitions

In this article, unless the context otherwise requires:

....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.

...............

and the actual Arizona Board of Regents policy as a pdf document

http://www.abor.asu.edu/1_the_regent...chapter_iv.htm

4-102 Nonresident Tuition (PDF)

As required by A.R.S. 15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.





Quote:
Originally Posted by Desertfox View Post
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.

Last edited by waitnwatch; 05-06-2008 at 04:08 PM.
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  #13 (permalink)  
Old 05-06-2008, 06:21 PM
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Hi,
I have the same problem in Rutgers, New Jersey. I spoke to someone at the governor's office. Apparently, this residency definition is a federal law. States like CA had to pass legislation in the state to override the federal law. So if one want this to change, then there is to be an amendment. The schools are following the law.

Thanks
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  #14 (permalink)  
Old 05-06-2008, 06:37 PM
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Default

Missouri State -- Same thing -- They denied my wife's application to give her in-state tuition. I threatened to file a law suit and proved them that CBHE (Central Board for Higher Education) rules are on my side. University interprets those rules in their favor. After 4 months, my wife got in-state; we saved some 20K in tuition over 24 months. After that they changed the rules and now it specifically says you have to have a GC!

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  #15 (permalink)  
Old 05-06-2008, 06:47 PM
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My son was able to get in-state tuition at Arizona State University after we filed an appeal. The new rule allows those who have filed I-485 to get in-state tuition.

http://students.asu.edu/files/Visa%2...ligibility.pdf
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